Notice of Possible Withholding Under FATCA. The Issuer or the Guarantor, as the case may be, shall notify each Paying Agent in the event that it determines that any payment to be made by a Paying Agent under the Notes is a payment which could be subject to FATCA Withholding if such payment were made to a recipient that is generally unable to receive payments free from FATCA Withholding, and the extent to which the relevant payment is so treated, provided, however, that the Issuer's and Guarantor's obligation under this sub- clause 7.1.7 shall apply only to the extent that such payments are so treated by virtue of characteristics of the Issuer, the Guarantor, the Notes, or both.
Appears in 2 contracts
Samples: Issue and Paying Agency Agreement, Issue and Paying Agency Agreement
Notice of Possible Withholding Under FATCA. The relevant Issuer or and/or the Guarantor, as the case may beif applicable, shall notify each Paying the Agent in the event that it determines that any payment to be made by a Paying an Agent under the Notes is a payment which could be subject to FATCA Withholding if such payment were made to a recipient that is generally unable to receive payments free from FATCA Withholding, and the extent to which the relevant payment is so treated, provided, however, that the Issuer's obligations of the relevant Issuer and Guarantor's obligation the Guarantor under this sub- clause 7.1.7 Clause 9 shall apply only to the extent that such payments are so treated by virtue of characteristics of the Issuer, relevant Issuer or the GuarantorGuarantor (as applicable), the Notes, or both.
Appears in 2 contracts
Samples: Agency Agreement, Agency Agreement
Notice of Possible Withholding Under FATCA. The relevant Issuer or the Guarantor, as the case may be, shall notify each Paying Agent in the event that it determines that any payment to be made by a Paying an Agent under the Notes is a payment which could be subject to FATCA Withholding if such payment were made to a recipient that is generally unable to receive payments free from FATCA Withholding, and the extent to which the relevant payment is so treated, provided, however, that the such Issuer's and the Guarantor's obligation respective obligations under this sub- clause 7.1.7 Clause 15 (Tax) shall apply only to the extent that such payments are so treated by virtue of characteristics of the relevant Issuer, the Guarantor, the Notes, or bothany of these characteristics.
Appears in 1 contract
Samples: Note Agency Agreement (Ecolab Inc.)
Notice of Possible Withholding Under FATCA. The relevant Issuer or the Guarantor, as the case may be, shall notify each Paying Agent in the event that it determines that any payment to be made by a Paying an Agent under the Notes is a payment which could be subject to FATCA Withholding if such payment were made to a recipient that is generally unable to receive payments free from FATCA Withholding, and the extent to which the relevant payment is so treated, provided, however, that the such Issuer's and the Guarantor's obligation respective obligations under this sub- clause 7.1.7 Clause 14 (Tax) shall apply only to the extent that such payments are so treated by virtue of characteristics of the relevant Issuer, the Guarantor, the Notes, or bothany of these characteristics.
Appears in 1 contract
Samples: Note Agency Agreement (Ecolab Inc.)
Notice of Possible Withholding Under FATCA. The relevant Issuer or the Guarantor, as the case may be, shall notify each Paying Agent in the event that it determines that any payment to be made by a Paying an Agent under the Notes is a payment which could be subject to FATCA Withholding if such payment were made to a recipient that is generally unable to receive payments free from FATCA Withholding, and the extent to which the relevant payment is so treated, provided, however, that such Issuer’s and the Issuer's and Guarantor's obligation ’s respective obligations under this sub- clause 7.1.7 Clause 14 (Tax) shall apply only to the extent that such payments are so treated by virtue of characteristics of the relevant Issuer, the Guarantor, the Notes, or bothany of these characteristics.
Appears in 1 contract
Samples: Note Agency Agreement (Ecolab Inc.)
Notice of Possible Withholding Under FATCA. The Each of the Issuer or and the Guarantor, as the case may be, Guarantor shall notify each Paying Agent in the event that it determines that any payment to be made by a Paying an Agent under the any Notes is a payment which could be subject to FATCA Withholding if such payment were made to a recipient that is generally unable to receive payments free from FATCA Withholding, and the extent to which the relevant payment is so treated, provided, however, that the Issuer's and ’s or the Guarantor's ’s obligation under this sub- clause 7.1.7 Clause 4.15 shall apply only to the extent that such payments are so treated by virtue of characteristics of the Issuer, Issuer or the Guarantor, the such Notes, or both.
Appears in 1 contract
Samples: Agency Agreement